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UNION AND DISUMxON. 



SPEECH 


HON. JAS. B. McKEAN, OF NEW YORK. 

- 0 - 

Delivered in/^e House of Representatives, February 18, 1861. 


The House having under consideration the re¬ 
port from the select committee of thirty-three— 

Mr. McKEAN said : 

Mr. Speaker : I have often read ip 
the British classics the instructive tale, 
entitled A Day.’s Journey: a De¬ 
scription of Human Life.” The great 
essayist, in his orotund, Anglo-Latin 
style, relates that ‘‘ Obidah, the son of 
Abensina, left the caravansera early in 
the morning, and pursued his journey 
through the plains of Indostan.” The 
youthful traveller, vigorous with rest, 
animated with hope, and delighted with 
the songs of birds, walked swiftly for- 
. ward. When the sun was high in the 
heavens, he turned from the road into a 
I more shaded path which seemed to lead 
in the same direction. Charmed with 
the ever-varying landscape, he proceed¬ 
ed for many hours. At length, con¬ 
vinced that he was going further and 
further from the main road and the end 
of his journey, he paused. But his way 
had been so devious that he could not 
return, and he was afraid to go forward 
lest he should go wrong. Night was 
approaching; a storm was gathering, 
and, summoning his remaining energies, 


he ran hither and thither, not knowing 
where. Darkness closed about him ; 
the tempest burst upon him; wild beasts 
j howled around him ; and appalled and 
I exhausted, he was about to fall and re¬ 
sign himself to his faje, when he sudden¬ 
ly saw through the gloom the glimmer 
of a taper. Help was at hand. 

Sir, while I have sat here silent and 
sad, I have said to myself, how like the 
journey of Obidah has been the course 
of this young nation. Alas! that the 
career of a great people should be cited 
“ To poiat a moral or adorn a tale ! ■’ 

We were born with a rich inheritance 
of liberty in possession, and a continent 
in reversion; France came and stood 
sponsor for us in the baptism of the 
Revolution ; great nations smiled upon 
us, and welcomed us into the family of 
nations; the fathers of the Republic 
laid their holy hands on our heads and 
blessed us, and said, “ Bring no more 
bondmen here from Africa; take no 
bondmen into the Territories, the com¬ 
mon patrimony which we leave you; 
‘ rest in the belief that slavery is in pro*^ 
cess of ultimate extinction,’ and let 












2 


freedom be the rule.’’ When we were 
a few years older, Napoleon, sitting on 
horse-back, signed the instrument by 
which France sold us Louisiana, and, 
tapping it with the hilt of his sword, 
said: “ There, I have ceded to that young 
nation across the Atlantic a tract of 
country that will some day make it the 
greatest nation in the* world.” Since 
then, we have acquired other vast Ter¬ 
ritories ; and, alas ! for us, we have let 
slavery expand—slavery, of which Simon 
Bolivar said, “It is the infringement 
of all laws ; ” of which Henry Clay 
said, “ It is a practical war against the 
rights of mankind.” We have forgot¬ 
ten the fable of the farmer and the 
serpent; and the monster which at first 
we hated, we “ then endured, then 
pitied, then embraced,” and now we 
are struggling in its fearful folds. Alas ! 
for us, we have wandered far from the 
beaten track trodden by our fathers, 
and now darkness surrounds us and 
storms burst upon us ! In the gloom,, 
now and then, I hear voices, some of 
them faintly and some more confidently, 
saying, “ Light! light! ” What light 1 
I ask. Is it a star or an ignis fatuus ? 

Mr. Speaker, the slaveholders have 
been fairly defeated in a Presidential 
election. They now demand that the 
victors shall concede to the vanquished, 
all that the latter have ever claimed, 
and vastly more than they could secure 
when they themselves were victors. Sir, 
shall we yield 'I Does the history of the 
human race afibrd any parallel to the 
audacity of such a demand, or the cow¬ 
ardice of such a concession 1 They take 
their principles in one hand, and the 
sword in the other, and reaching out the 
former, they say to us, “ Take these 
for your own; administer the Govern¬ 
ment ^:prn them, or we will strike.” 


S' 

Nay, they have struck. Though the 
Senate is theirs; the Supreme Court 
theirs ; the House not ours; and though 
we have never had the control of the 
Government, yet, without waiting for 
the President elect to come into oflSce; 
without waiting to see if any wrong is to 
be done them, they declare the Union 
dissolved; they seize upon your cus¬ 
tom-houses, your revenue cutters, your 
money, your forts, arsenals, arms, and 
ammunitions; they fire upon your ves¬ 
sels and your flag; they besiege your 
garrisons, and imprison for treason Fed¬ 
eral officers who obey you and not them. 
Do you ask, where is our army 7 I an¬ 
swer, sent by traitors high in office far 
away among the mountains. Do you 
ask, where is our navy 7 I answer, sent 
by traitors high in office to distant seas. 
Do you ask, where are the munitions 
and arms designed for the self-defenc( 
of the people 7 I answer, sent by trait 
ors high in office to be delivered to reb¬ 
els. Do you ask, where are the fundi; 
of our Treasury 7 I answer, plundem 
by traitors high in office; traitors com¬ 
pared with whom Catiline was a pa¬ 
triot. Ay, sir, until overawed by tha 
second saviour of his country, Winfielc 
Scott, traitors were plotting to seiz<i,. 
this Capitol, and the archives of thf! 
Government. What, sir, shall be done 'I 
Shall this nation, lately so boastful, no\^^" 
when danger has come, skulk away like 
a very coward 7 Oh, for shame ! let ur 
not fall without one manly, noble effo 
to stand. 

Mr. Speaker, for the sake of brevity. 

I have expressed certain opinions, as 
follows: f 

Resolved^ That the several States did not 
“ ordain and establish the Constitution } that it 
was made bj “ the people of the United States, 
in order to form a more perfect Union, establish 
justice, insure domestic tranq^uillity, provide for 
the common defence, promote the general wel- 







3 


fare, and secure the blessings of liberty to them¬ 
selves and their posterity ; ” that they withdrew 
from their several State Governments certain 
powers and vested them in one General Govern¬ 
ment, whose Constitution, laws, and treaties, are 
“the supreme law of the land, anything in the 
Constituuon or laws of any State to the contrary 
notwithstanding;” that we are not thirty-four 
nations, but one nation, made such by the Consti¬ 
tution, and known to the world as the American 
nation ; that every nation has the right of self- 
preservation, the right to defend itself against 
enemies from without and traitors fr«m within, 
and the right to coerce every citizen who resists 
the execution of its laws. 

But I am asked, shall the Govern¬ 
ment send troops to invade the seceding 
States and put down the rebellion by 
force of arms 1 Shall judges, marshals, 
and district attorneys be appointed for 
those States, and be furnished with dra¬ 
goons and infantry and artillery to en¬ 
able them to discharge their duties 1 
Shall each mail carrier be furnished with 
a company of soldiers to guard his mail 
bags'? Shall each post office be con¬ 
verted into a fortress '? Shall fleets and 
armies be employed to collect the cus¬ 
toms at ports where, even in time of 
peace, the revenue is much less than the 
expense of collecting it'? But one answer 
can be given to these questions, and that 
is an emphatic, no ! 

But what shall be done to maintain 
the integrity of the Government, and 
make those who assail it sensible of their 
folly'? Some weeks since I introduced 
a bill to close the ports of South Caro¬ 
lina to foreign trade. Since then, other 
States have assumed to secede, which 
may make it necessary to extend the 
application of that principle. The com¬ 
mittee to whom that bill was referred 
have, through Mr. John Cochrane, re¬ 
ported a bill applicable to all similar 
cases. Let that bill pass, and be car¬ 
ried into effect; let every port to which 
it shall apply be blockaded by a revenue 
cutter, or other sufficient force to pre¬ 
vent contraband trade; and let our for¬ 


tresses in such ports be sufficiently gar¬ 
risoned for the same purpose. 

It will be no objection to this policy 
that, while it punishes the disloyal citi- I 
zens of the extreme South, it will also 
drive much of their trade, over inland 
routes, to other and loyal States and 
ports ; nor will it be any objection to it 
that it saves to the Treasury a larger 
sum that the revenue of those ports 
amounts to. We will not compel the 
disloyal States to accept our mail service, 
nor beseech their Senators and Repre¬ 
sentatives to remain in Congress. We 
will control the Mississippi river, and 
keep this Capitol; and wait—patiently, 
firmly wait. Time will be our ally. In 
the recent election the disunionists were 
beaten in several of the Southern States, 
and hard pressed in several more, by 
men who took their stand on ‘‘ the 
Union, the Constitution, and the en¬ 
forcement of the laws.” We stand there 
to-day. Let us continue to stand there, 
and pursue the dignified, forbearing, 
Fabian policy referred to ; and will they 
not rise again and come and stand by 
us, and bring others with them'? 

It is proposed that the power to close 
the ports be conferred upon the Presi¬ 
dent, instead of being exercised by Con¬ 
gress. I care little about the mode of 
doing it, provided it be done. But I 
cannot forget who is President; and 
that he has failed to exercise many of 
the powers he already possesses, and 
has perverted others, and that he is more 
responsible than all others for our ca¬ 
lamities. 

Marino Faliero, Doge of Venice, plot¬ 
ted to overthrow the institutions of his 
country. He and his co-conspirators 
were convicted of treason; they were 
hanged, and he was beheaded. His por 
trait was not admitted to range wi/ 

/ 

/ 




4 


those of his brother Doges in the hall of 
the great council; but in the frame 
which it should have occupied, the Ve¬ 
netians hung a black vail. 

When the history of our unhappy, 
but again to be glorious country shall 
be fully written, the name of Washing¬ 
ton, unequalled in greatness and good¬ 
ness; of Jefferson, whose love of liberty 
was as pure as- a mother’s love; of the 
Adamses, whose great public services 
were equalled only by their private vir¬ 
tues, in both of which each rivalled the 
other; of Jackson, whose stern soul was 
given to his country, and the union of 
his country, with the devotion of a lover; 
the names of these great men, and those 
of their patriotic successors, shall illu¬ 
mine the leaves of that history. But, 
alas ! sir, some black—would they were 
blank—pages shall be the mournful re¬ 
cord of James Buchanan’s administra¬ 
tion. Let us try to hope that at least 
some lunar light may fall on its finis. 

I am reconciled to the proposition to 
give to the President the power to close 
ports of entry, only by the consideration 
that we shall soon have a President who 
will want neither the courage nor the 
disposition to do his duty. 

Some days since I introduced here 
the following proposition: 

“ Whereas the ‘ Gulf States' have assumed to 
secede from the Union, and it is deemed impor¬ 
tant to prevent the ‘ border slave States ’ from 
following their example; £^nd whereas it is be¬ 
lieved that those who are inflexibly opposed to 
any measure of cimpromise or concession that 
involves, or may involve, a sacrifice of principle 
or the extension of slavery, would nevertheless 
cheerfully concur in any lawful measure for the 
emancipation of the slaves : Therefore, 

“ Resolved, That the select committee of five 
be instructed to inquire whether, by consent of 
the people, or of the State Governments, or by 
compensating the slaveholders, it be practicable 
for the General Government to procure the 
emanicpation of the slaves in some, or all, of the 
‘ border States; ’ and if so, to report a bill for 
that purpose.” 

In the brief hour allowed me, I can¬ 


not fully discuss the report of the com¬ 
mittee of thirty-three, much less the 
great questions involved in this resolu¬ 
tion. On some other occasion, I hope 
to discuss the measure of compensated 
emancipation. I will only say now, 
that if the ofier thus to emancipate the 
slaves shall be made and accepted, our 
difficulties are solved ; but if made and 
rejected, lef the slaveholders ever after¬ 
wards hold their peace. 

Mr. Speaker, when the gentleman 
from Virginia, [Mr. Boteler,] on the 
first day of this session, moved the ap¬ 
pointment of a compromise committee 
of thirty-three, one member from each 
State, I gave my vote in the negative. 

I shall not now offer any reasons for 
that vote. I was satisfied with it then, 
and am more satisfied with it now. Let 
the record stand. Such committee was 
constituted; and some of its Northern 
members, the Southern members not con¬ 
curring, have proposed various meas¬ 
ures. 

They propose to admit New Mexico 
as a State. When we acquired that 
Territory, slavery was prohibited there 
by the laws then in force. We pro¬ 
posed to affirm that prohibition; but 
were told that it would be only re-en¬ 
acting the law of God.” Some years 
have passed away, and on looking into 
the statute book of that Territory, we 
find that wicked men, “ instigated by 
the devil,” have repealed ‘‘ the law of 
God,” and enacted in its place a most 
diabolical statute, establishing African 
slavery, and reducing hired men and 
women, whether white or black, to sla¬ 
very. Gentlemen say confidently that 
New Mexico will be a free State ; and, 
at the same time, propose to bring her 
in as a measure of conciliation. But 
who can say that she desires to come in 








6 

now, or can defray the expenses of a 
State Government 1 And how are pro- 
slavery rebels to be conciliated by offer¬ 
ing them another free State 1 I cannot 
comprehend such conciliation. But if 
I should help now to coerce her to come 
into the Union, and she should come 
with the law referred to, sanctioned by 
a State Constitution, I should not only 
hide myself from my constituents, but, 
whipped by my conscience, I should 
skulk through the rest of my life, en¬ 
deavoring to hide myself from myself. 
Have gentlemen so soon forgotten the 
invasion of Kansas ? Sir, I fear that 
an enabling act for New Mexico at this 
time would transfer, or rather extend 
the civil war into that Territory. At 
all events, if she should come into the 
Union as a free State, it will not con¬ 
ciliate the South ; if she should come as 
a pro-slavery, seceding State, w'e do not 
want her. 

It is proposed to request Northern 
States to repeal such personal liberty ” 
or “ anti-kidnapping acts,’’ or parts of 
acts, as are uiiconstitutional, if any are 
so. Well, sir, we did that some w'eeks 
ago, when we voted for the resolution 
of the gentleman from New Jersey, 
[Mr. Adiiain ;] and no Southern State 
or Southern man was appeased thereby. 
And why shall this Hall echo with com¬ 
plaints against Northern, and be silent 
as to Southern, legislation and action? 
Let me make a demand against the 
South: 

Whereas the Constitution requires that “ the 
citizens of each State shi^l be entitled to all the 
privileges and immunities of citizens in the sev¬ 
eral States ; ” and whereas in some of the States 
citizens of other States are frequently, almost 
daily, maltreated, scourged, imprisoned, and even 
put to death, for no other cause than that they 
voted for Lincoln and Hamlin, or reside at the 
North, or prefer, or are believed to prefer, free 
labor to slave labor : Therefore, 

Resolved^ That American citizens should be 
protected by “ further guaranties,” or otherwise. 


from outrag'S in their own land, which would 
be cause of war were they inflicted upon them 
in any foreign land, either civilized or savage. 

I have long been of the opinion that 
the fugitive slave act should be greatly 
modified. Let me, in the form of a res¬ 
olution, point out one grave objection 
to it: 

Whereas the act of Congress, approved Septem¬ 
ber 18,1850, commonly called “ tne fugitive slave 
act,” authorizes the officers who issue, or are to 
execute, process for the arrest and rendition of 
fugitives from labor, to summon and call to their 
aid the bystanders, and commands all good cit¬ 
izens to aid and assist whenever so required ; 
and whereas he who is compelled against his 
will to enter into the service of the slaveholder, 
and pursue, seize, and give back to bondage the 
self-liberated slave, is himself a slave; and 
whereas it is incredible that the pure and patri¬ 
otic men who made the Constitution intended, 
not only to give the slaveholder the privilege of 
recovering his “ straying property,” but the power 
to reduce free men to slavery, and compel them 
to do it for him : Therefore, 

Resolved^ That the so-called freemen of the 
land should be emancipated from this odious 
servitude. 

The Missouri compromise act neither 
prohibited, established, or protected sla¬ 
very south of the line designated by it. 
But the Senator from Kentucky [Mr. 
Crittenden] now proposes that, in all 
the territory which we have since acquired 
south of that line, and in all that we 
may in f uture acquire, slavery shall be 
not only permitted, but protected. I 
will not attempt to show how, if we grant 
this demand, we should be giving to the 
slaveholders what they could not secure 
when they controlled every branch of the 
Government, executive, legislative, and 
judicial; nor will I attempt to show’ how 
we should thereby encourage them to in¬ 
volve us in w'ars wdth our neighbors to 
acquire more territory in which to es¬ 
tablish slavery. The proposition is a 
startling one. 

Several amendments are proposed to 
the Constitution in order to give slavery 
new guaranties. Sir, if that instrument 






6 


is to be amended for that purpose, let 
us make thorough work of it. 

Resolved, That disunion and treason may be 
rendered lawful by adding to article two of the 
Constitution, the following amendment, to wit: 

Sec. 5. Whenever a party shall be beaten in 
an election for President and Vice President, 
such party may rebel and take up arms, and, un¬ 
less the successful shall adopt as its own the 
principles of the defeated party, and consent to 
such amendments of the Constitution as the lat¬ 
ter party shall dictate, then, in such case the 
Union shall be at an end. 

But if the people desire it, let them 
have a constitutional Convention, so 
called and constituted as that freedom 
shall stand at least an equal chance with 
slavery. 

Gentlemen on the other side of the 
House are loud in their demands that 
all platforms be now abandoned. Sir, 
they may well abandon their platform, 
which never should have been adopted, 
and which the people have repudiated. 
But that is not what they mean. They 
mean that we shall abandon ours and 
adopt theirs. Sir, I care nothing for a 
platform unless it embodies great truths. 
Some years ago a party, by its delegates, 
met in Convention in Philadelphia, and 
adopted a platform, to maintain which 
they pledged their-lives, their fortunes, 
and their sacred honor. But one mem¬ 
ber of that party deserted that platform, 
and ever since the name of Benedict 
Arnold has been a synonym of perfidy. 
The treason of the pro-slavery Demo¬ 
cracy has not convinced me that my 
principles are wrong. Had we never 
yielded to the unjust and imperious 
demands of the slaveholders, they would 
not now be in arms. In the language 
of Grattan, ‘‘ It is the slave that makes 
the tyrant, and then murmurs at the 
tyrant that he himself has constituted.’’ 
The Union may be saved, but not by 
surrendering liberty. Let it never be 
said of me: To save the body of his 
country he sacrificed its soul. But 


rather let it be said of me : He loved 
the Union much—the rights of man 
more. We have it in our power to prove 
to the world that there are two Indepen¬ 
dence days in the history of our coun¬ 
try—the one July 4, 1776 ; the other 
November 6, 1860. The Whig party 
died because many of its leaders w’ere 
cowards, and durst not do right. The 
Democratic party is dying, if not dead, 
because many of its leaders were vil¬ 
lains, and durst do wrong. As for us^ 
being right, let us dare to do right, and 
have some faith in truth, and justice, 
and God. A few days since the Czar 
of Russia made himself immortal by 
lifting twenty millions of his subjects 
from bondage up to freedom. Monarchs 
abolish slavery; and princes, nobles, 
and commons, submit. We ask that 
slavery extend no further; and our 
nobility rebel. Well, sir, it will be 
seen which are the stronger, the slave 
masters or their masters, the people. 

‘‘ The gods in bounty work up storms about us, 

That give mankind occasion to exert 
Their hidden strength, and throw out into practice. 
Virtues that shun the day, and lie concealed 
In the smooth seasons and the calms of life.” 

Mr. Speaker, is this great nation 
about to fall 1 Are the truths of the 
Declaration of Independence to be 
“ crushed to earth 1 ” Is the sword to 
be wrested from the hand of justice and 
the balance-beam of her scales broken? 
Are the bundled fasces of the Republic 
to be torn asunder ? Is our eagle to be 
brought from towards the sun, and 
bound at the foot of a pigmy palm, 
around which is coiled the loathsome 
thing that crept with a curse out of 
Paradise? Look, sir, across the city 
from the western front of the Capitol. 
You see the unfinished monument to the 
Father of his Country. How unworthy 
is it of the memory of that highest style 
of man. Tell me, sir, is that unfinished 
I pile to be the fitting head-stone to the 




7 


\ 

buried liberties of a fallen nation 1 Sir, | 
look further on from the western front 
of the Capitol. On a gentle eminence 
you see the National Observatory. 
There the astronomer nightly turns his 
telescope towards the starry heavens, 
and, amid the greater glories of the 
skies, here and there, he sees little, ir¬ 
regular bodies. We are told that those 
asteroids are fragments of greater 
worlds, once members of our solar sys¬ 
tem, and burst asunder by great convul¬ 
sions. Perhaps those greater worlds 
were inhabited by intelligent beings, 
and perhaps some of those beings may 
have survived for awhile on those riven 
and blasted fragments. If so, I do not 
doubt that they thought that the uni¬ 
verse had been wrecked. No doubt, for 
a time, there was discord in the skies; 


but harmony was soon restored; and 
ever since, as for centuries before, those 
that have had ears to hear have heard 
the music of the spheres. Torrid Mer¬ 
cury still stands near the sun, and frigid 
Herschel far away, while still between 
are the ‘‘ red helmet of Mars,” and the 
maiden face of Venus. So shall it be 
with this Republic, made of many re¬ 
publics. An astral system shall still 
shine on the blue field of our banner. 
What though some of those stars be 
dimmed, or even destroyed! ’Others 
shall come shining into the group, as 
new planets sometimes greet the gaze 
of the astronomer, and, in the light of 
the central sun of Liberty, we will go 
back to the way in which our fathers 
went, and whei^ce we have wandered. 


WASHINGTON, D. C. 

PRINTED AT THE NATIONAL REPUBLICAN OFPICR. 

1860. 


/ 





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